Managing Medical Errors – An Overview of the Law Relating to Negligence and Consent to Treatment

The NHS paid out £1.1 billion in clinical negligence compensation in 2014/15, money which could have funded over eight million MRI scans. With this figure set to grown year on year, it has never been more important for medical professionals to have a sound understanding of negligence law. Difficult choices are made in the NHS every day. These decisions are often based on practical factors or scarce resources rather than any serious legal considerations. Medical negligence, breaches in duty of care and a lack of patient consent are the most common issues that result in claimants suing the NHS.

This one day course aims to clarify all of these points, using case law and real life scenarios, to examine how the law operates within these medical minefields.

The NHS aims to prevent clinical negligence, but where is does occur, we should learn lessons to improve patient care as a result. We need to provide incentives for healthcare professionals to report mistakes and near-misses. This course aims to clarify what constitutes medical negligence and explain its impact on both patients and the NHS and why candour is so important.

Areas to be covered will include:

Understanding negligence: In 2014/15 The NHS Litigation Authority received 11,497 new clinical negligence claims. How does the rate of “compensation inflation” affect the way care is given in the NHS?

Negligence: What is the expected standard of care to be applied and how is this measured by law?

Consent to treatment: Is the patient fit to give consent and disclosure of information? How much information does the law consider ‘sufficient’ to enable the patient to give consent?

Duty of care: Who is owed a duty of care and how does this impact on clinical decision making?

About the tutor:

Parveen Tamadon-Nejad has been Programme Director for MA in Health Care Law and LLM Health Law. Parveen has recently been involved with a significant area of research in Health Sciences, developing a new movement system which measures cognitive function and has taught on a number of Post Graduate courses in Health Sciences on issues relating to medical negligence and consent. In the past Parveen has developed links with Rotherham District Hospital to offer courses to staff as CPD.

Parveen was involved in the arts and still regularly provides legal consultation to those within the creative industries on matters relating to contract and intellectual property rights.

Parveen has spent a number of years as a regular guest on BBC Radio Manchester’s Coffee Club

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Learning outcomes

To understand the basic principles of negligence

To be able to distinguish between the legal, ethical and practical dimensions of the application of negligence

To be able to apply the law to real life case scenarios

To understand the scope of negligence and the role of the healthcare practitioner in response to this

To understand the juxtaposition of consent and negligence

To be able to demonstrate a clear and logical approach to the application of negligence in problem-based learning

Who should attend?

Any healthcare professional working within any discipline within the NHS, including holistic professions, sport rehabbers etc. Anyone working as a manager within the NHS or other relevant bodies

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Managing Medical Errors – An Overview of the Law Relating to Negligence and Consent to Treatment

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